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REMARKS 



JOSEPH H. GEIGER, ESQ., 



SENATOR FROM THE 



)ii"rm8@T m mm hmm m^^mfhi^ 



SENATE QF OHIO, 



FRIDAY , JJiJYUARYll, 1851 



TO WHICH ARE AFFIXED, 



A SKETCH OF A REPLY 



BY 

MR. WALKER, SENATOR FROM MONTGOMERY, 



CmiililCOTHE, o : 



FR031 THE PRESS OF THE DAILY SCIOTO GAZi^fTE. 



1851. 



^^.v. 

•&^^ 



MR. GEIGER'S RESOLUTIONS. 

Laid on the table of the Ohio Senate,land ordered to be printed, January 9, 1851. 



Whereas, the agitation of the subject of slavery by deA to advance the true object of the law, by removing iho 
sicrning men, both at the North and the Snmh, for ihe( prejudice and hostility awakened against it in its present 
purpose of acquiring local popularity in their respec- (form. 

live districts of country, is to be deprerated ; and ( i^'eso^rcfZ, Fourth, that the Fugitive Law passed at the 

whereas, much of tke improper feeling existing be- (late session of Congress is objectionable, because it 

tween tlie Free and tlie Slave States, has arisen from ( makes ex parte evidence conclusive, without allowing 

the mutual misunderstanding of the true sentiments of (the alleged fugitive to contest by disinterested testimony 

the mnss of the people in each section of the Union: (any other question than lliat of h\s identiti/, and while 

Therefore, (summary proceedings maybe allowed in preliminary 

Iiesolved,by the General Assembbj of the Stale <jf( trials, fugitives from labor should have the same right of 

Ohio, First, Tliat We hold the Union of the States pa- (/waZ trial by jury granted to ihem, in the State from 

raiiiuunt to every other political consideration, and that ^ which they escaped, which is granted to fugitives from 

a Stale threatening its dissolution in view of future con- c; justice, and if the Court or Commissioner is satisfied 

tingencies, manifests tlie same unpatriotic and fanatical (| from testimony, that the alleged fugitive YidiS any real 

spirit as the unorganized mob, which would rend its (claim to freedom, the master must be required to enter 

Jaws by violence. /into bonds to submit the same to fair trial m the Slate 

Resolved, Second, That the Judiciary and ballot box ("from which the fugilive escaped, as provided in the bill 

furnish, in this government, the only Constitutional and ^reported to the United Slates Senate in May, 1850, by the 

elfeclive remedy for wrongs, real or imaginary, and that /special committee of thirteen, or failing to give such 

is the duty of every good citizen to indignantly /bond, shall test by the jury trial the right of freedom 

frinvn npiin, and if necessary, suppress by active exertion /of the alleged fugitive, in the State in which the said 

all forcible resistanceio laws, passed by the constitutional ) fugitive may be found. 

authority of the Union, whether such resistance be made ) Resolved, Fifth, That the State of Ohio stands where 
by States or individuals. / she always stood, inopposition to the extension of slavery 

Resolved, Tliird, That the State of Ohio fully recogni- ) into territory now free, but she does not desire agitation on 
zes the obligations imposed by the constitution of "the ^ exciting topics, for the mere sake of agitation, or the 
United States, to surrender fugitives from labor, esca- / productionof panizan capital, and ourSeuatorsand Rep- 
ping from one Stale into another, and will stand by any ^ resentatives in Congressare hereby requested to conform 
law of Congress desisned to secure the rights of the mas- / their action to the spirit of the foregoing resolutions, with 
terwhile it fully protects the liberty of the colored free- )an honest and fearless deteimination to support the dig- 
man, and that our sister Slates may feel confident, that ) nity and stability of the Union, _^rs/, ^asi, and /oreuer. 
whatever amendment we may suggest to the recently) Resolved, That the Governor be requested to forward 
enacted Fugitive I,avvs, is inieiided not tn evade the ob- Uo e.ich of our Senators aud Representatives in CongresSy 
■»ious intent of the constilULion, but desigaedjin good faith, ) a copy of the above resolutions. 



REMARKS, &c 



Mr. Speaker : — It would be vanity, to ex- 
pect that this Senate should award me more 
attention than has been given other gentle- 
men, by whom I have been preceded. The 
magnitude of the .subject should, however, 
induce sober consideration. We are about 
expressing, as the Legislature of Ohio, what 
will be regarded as itie sentiments of two 
millions ot people, upon a question whicl 
has agitated, and almost convulsed, the Go- 
vernment; a nd it is due to us and to those 
we represev\\.i that this manifesto, of our opi 
nions upon this exciting topic, should speak, 
manfully and well, our regard for the Union 
of the States, our devotion to its peace and 
perpetuity. 

It would have afforded me sincere plea- 
sure, if the Freesoil Senators, upon this 
lioor, could have permitted this question of 
Slavery to rest; — at least, not have forced its 
consiiieralion upon a body by whom it can- 
not be legally reached. Congress lias been 
chosen to legislate upon mailers of a national 
character, and is the appropriate body to 
weigh and determine upon it. Men are 
there from every section of this great coun- 
try, representing different and clashing inte- 
re.sts, lo interchange and compare sentiments, 
reconcile differences, and, by an understan- 
ding and knowledge of each other's rights 
audi necessities, act wisely for the whole. — 
They have advantages in obtaining informa- 
tion, and learning the strength of public fee- 
ling or prejudice which, upon us, cannot be 
bestowed ; — and I question, most seriously, 
the propriety of this Legislature imparting to 
our representatives in Congress any request, 
as to their particular action upon any subject, 
when their means lor understanding and ap- 
preciating it are so vastly superior. And 
while, sir, some may admit the right of a 
Legislature to instruct the Senators, there are 
many wise men who believe that such 
" right of instruction"' was never contempla- 
ted by those who made the constitution; — 
and that Senators are elected, for along term, 
to be removed from the influence of partisan 
lolly and fury; — to be freed from imtnediate 
responsibility to an excited people; to stand 



loftily and unapproachably above the turbid 
waters which public passion may drive into 
wild billows;— and, with skill and prudence, 
direct the ship of state, through gloom and 
uncertainty, to a quiet liaven. 

Our tables are already loaded with local 
and general bills, demanding our time and 
attention for the people we immediately re- 
present. They expect nothing but the per- 
formance of onr duties as legislators for Ohio. 
They do not a&k the discussion of dangerous 
projects, to the disregard and detriment of 
their interests and business. They do not 
desire the public mind to become inflamed 
upon a subject requiring peculiar serenity and 
soberness, and the wish is general that we 
should confine our operations to the pre^-incta 
of ourown State, discharge promptly onr ap- 
propriate duties, and not neglect the interests 
of Ohio, and wander into matters whose re- 
gulation is dependent entirely upon the Ge- 
neral Government or sister States. 

The inquiry may be instituted, Why have 
you introduced resolutions'? The answer is 
simple:— Odier gentlemen, upon this floor, 
presented such as were not, in my belief, 
expressive of the voice of Ohio; — and, it 
seemed, from what could be learned, from 
intercourse with Senators, that some would be 
adopted. Under these impressions, derived 
from consultation, these resolutions were 
prepared, and will, I trust, receive the sanc- 
tion of every true man and genuine patriot. 

There are those who profess to believe that 
the storm, which has passed over this coun- 
try, has merely given evidenceof the strength 
of die checks and balances of government, 
and that the hurricane of passion evolved 
from this slavery excitement was transient 
in its nature, and a necessary incident of the 
operation of our institutions. Yet, sir, it has 
estranged feeling, embittered animosity, and 
diminished affection for the Union, causing 
not only cool calculations as to its worth ; but 
men. North and South, have been the boiste- 
rous and zealous advocates of its dissolution. 
The public ear has become pained, and the 
public heart sickened, with the violence and 
malignity of misa'uided men ; and none but 



4 



the Mind can fail to perceive abundant rea-( sed since a large body of men from different 
sent;, to alarm the patriot into nerving him- S Southern States met, in convention, upon the 
self for earneiil duty. ) very grave of Jacicson, to plot treason to the 

That there has been a terrible commotion ^ country, which his palriolism and coiuago 
in this country, and that there are American^ had strengthened and illustrated, 
citizens whose declared object is to sunder the ( Nor has the North been backward in pres- 
poveruraent, ought not to be concealed nor (sing her claims for enrolment on the scroll of 
(lenied. Your people, in both sections, are ) intamy. The stainless virtue and towering 
pregnant with denunciation and abuse: — ihe) patriotism of the " especial friends ol the 
prejudices and passions and interests ot men \ blacks," has prompted them to assume a po^ 
are brought into collision; — epithets, g-al- ) sition ot hostility to the Union. With them, 
ling and foul, are hurled at each other — (it is a mere "bond of dishonor,'' and the 
falsehoods most marvelous are published as S Constitution "a league with hell.'' Sir, I 
ff truths of sacred writ:" — and the newspa-^ speak what has not been wrought indarkness 
pers circulating in neighborhoods sympathi- (, and obscurity, but amid the glare of the noon- 
zing with their sentiments, manufacture pu- Wlay's sun, and published to the world as the 
blic opinion, and give it vigor, action and ^labors of responsible and philanthropic men. 
diffusion; unthinking Southern men believe*, The Pennsylvania State Abolition Society, at 
that the free States, as a whole, are not only) Westchester, in October last, adopted the fol- 
trying to deprivi? them of their constitutional Howing resolutions : 

rights, and rob them of their property, but to ( Resolved, That the American Constitution, 
excite, by the representation of their wrongs) by its concession of extraordinary political 
and their hopes of Ireedom, the slave to in- ^ power to the slaveholder, in that right which 
surrection, and the consequent slaughter of "J it gives him to represent three-fifihs of his 
themselves and their families. They believe) human property, by its pledge of the power 
that northern interference has notonly distur-^of the nation to strike down the slave, if he 
bed their quietiude, but has made them) rises in arms for his liberty, and its provi- 
" tread on slippery places, whilst fiery bil- ^ sions for his recapture and restoration, if he 
lows roll below;'" — and, goaded by this { attempts to secure the same boon by flight, 
sense of real or imaginary wrongs, they, ) i.s a compact with injustice, and a leagiie with 
with their northern fanatics, have nursed? oppression ; and de.-^erves to be repu4iated 
those sentiments which, like ulcers, are rot- j and spurned by all true abolitionists, and all 
ting their way into the very heart and vitali-)true men. 
ty of the American Eepublic. ) Resolved, That the American Church, as a 

Sir, it has not only been your demagogues) body, iu the sanction and support which it 
and politicians, who have been aroused and) gives to American slavery, by receiving to 
angered. The Christian community have ^ its communion tables and into its pulpit, 
entered the arena, and the ministers of the ^ these stealers of men: by its reproaches, ex- 
Heavenly Prince of Peace, forgetting their ) conrimunication, persecution, of those who 
high and holy calling, have, upon this sub- (plead the cause of the dumb, and him that 
ject, made your sanctuaries turbulent, with ^ hath no helper ; by conferring its honors up- 
heated discussions, and have almost bias-) on the oppressor, while it refuses to be a re- 
phemed by the very horns of the altar. ^ iuge for the oppressed ; by allowing its mem- 
Your great Msthodist church — that pioneer |) bcrs, unrebuked, to elect slaveholders to thfe 
in the advancement of religion; — the church) office.s of the nation, and promise allegiance 
that makes the wilderness vocal with praise, ) to the pro-slavery constitution of the United 
is no longer a unit. The Church Noith and) States, has proved itself utterly unworthy of 
the Church South bear lamentable evidence^ the name of Christ, and ought not to be re- 
of the strength of that frenzy which would bgarded or treated as Christian 
compel war and division in the holiest insti-) Resolved, That those persons in the Free 
tutionsupon earth. Your Presbyterian church (States, who give any voluntary support to the 
was also tested; and, for a time, paused in ) Constitution of the United Stales, are slave- 
her decision, but her clergy and members, ) holders and idolaters. 

alike true men, have determined to remaini The following are extracts from the Report 
together, in the service of one Lord and Mas- ; of the JMassachusetts Anti-Slavery Society by 
'er. )its board of Managers, made on the 23d of 

Conventions and popular assemblages, in < January last, and of course before the Fugi- 
the South, have resounded with the resolu- )tive Slave Law which is now pretended to be 
lions of traitors, denouncing the Union, and )a/yes/j cause for agitation, was passed by 
asking its dissolution. Hotspurs and mad- ) Congress : "The lapse of time," say the 
men have toasted it as "an unholy thing." ) Board of Managers, " and the progress of 
|L,egislatures have discussed its policy and )events, have but served to confirm our delib- 
necessity; and but a few months have elap-<^erat3 and often recorded opinion that the on- 



ly exodus for the slave IVom his bondage— Mr. Sutuff.— The party from whom those 
the only redemption of ourselves from o«rgHi%/ resolutions iu Mahoning county are reported, 
participalion in it, lies over the ruin o'' ?/tcs are opposed lo all poUlical action, and do- 
American States and American Church. * * *Snounco Freesoilors as well as Whigs and De- 
The work which tho American Abolitionists /raocrats. 

have undertaken, is no light one. They aim( Mr. Geigeu.— It is singnlar that these men 
at nothing less than a reformation in rcligionS&re opposed to al! political action, and yet 7ie- 
and A REVOLUTION IN THE GOVERNMENT OF H'cr fail to vote. They and the Freesoil party 
THE country!" ( are the same, and support the same candi- 

Among certain resolutions presented at the) dates. The meeting m Mahoning county 
annual raeetingof the American Anti-Slavery ^ stood upon the_platlorm here avowed by the 
Society, held at the Tabernacle in the city of 



New York, in May, 1849, were the follow 
ing : 

Resolved, That that which is giving strength, 
extension and perpetuity to iSiaverj^, to wit: 
THE Union, on behig overthrown by a peace- 
ful withdrawal from it by the non slave-hold- 



Freesoilers. That organization embraces all 
political complexions: and is a seme with 
which trucksters fish, alike for perch and sal- 

imon, muUygiubs and suckers. 

' Mr. Pardee. — How long since the Whig 

'party claimed to be Freesoil? 

Mr. Gkiger.— The Whig party of the 



ing States for conscience sakeand for self-pre-> North has never been aught else;— not by 
servation, must necessarily weaken, limit, \ noisy brawling, but by practical action ;— the 
and extirpate slavery from tlie American soil.) doctrines emanating from our State Conven- 
Therefore, hion of 1848. are, in every way, superior to 

Resolved, That the motto of every Christian ) your Buffalo' riaiform ;— by them, the Whigs 
and every patriot should be, "A^o union with\oi Ohio have steadily stood. Other parts of 
slave-holders, either religiously or politically:' )Ohio remained true to their integrity, while 

In September, 1849, an Anti-Slavery Con- S your Freesoil faction, from the land of con- 
vention was held at Berlin, Mahoningcouuty,)stitntional scruples and pumpkins, freedom, 
Ohio, said to consist of five or six thousand, ^philanthropy and cheese, theorized away their 
and represented as an enthusiastic and unani-) power ; gave the lie to their canting profes- 
mous a«;semblage. The sense of this large ) f^ions ; and basely deserted the goddess of 
meeting was embodied in the lollowin2;(their political adoration, in the hour of trial 



term#: " That since our Government has be- 
come thus destructive of the ends of liberty, 
and an engine of torture and slavery to mil- 
lions, compelling the entire people to be slave hol- 
ders or slaves, it has become our riiihtand du- 



I and of need. 

But, sir, what are these turbulent advo- 
Jcales of disunion to accomplish? If a sepa- 
< ration of the States takes place, who is bene- 
fitted? The neirroes escaping will find a 



ty not to alter, but to abolish it, and to institute a shome among us, and we must legislate and 
new Government, laying its foundations on > contribute to their support ;— they will be a 
such principles and org'anizing its powers in (burden to themselves and us, and make their 
such form as shall seem most likely to se-Vnomes, not on the Western Reserve, but 
cure a full equality of the blessings of life, ^ among those whose conduct towards them 
liberty, and the pursuit of happiness; and ( is denounced as heartless and unfeeling, 
with full confidence in the integrity of ourSSir, it is a quesfion, not only in physics, but 
purpose and the justice of our cause, «'c (fo) in philanthrophy, why tho colored m.ap will 
hereby declare our'sehes the enemies of //je Con-) not remain among those who love him so 
stitution, Union, and Government of the t/zufcd) dearly— who are so loud in their pleadings 
States, and the friends of the new confedera-Hor his rights— so regular in their attendance 
cy of Northern States, where there shall be Son humane conventions; so virtuously indig- 
KO UNION with slave-holders, but tt'/iere )nant at hi.s wrongs and suflerings. 
there shall ever be free soil, free labor, and free] Now, sir, the slave, though admitting him 
men. And from this great and glorious Con- S to be as degraded as the most zealous Free- 
vention, we proclaim it as our i(?2a/;eraWe?soiler would represent^ him, certainly knows 
purpose and determination to live and labor for I where he is well treated, even by mere 
a dissolution of the present Union by all lawful ) animal instinct. Why, then, does he always 
and just, though bloodless and pacific means? shun his Freesoil brethren ? If he goes lo 
and "for the formation of anew Northern He-) them, in want and poverty^ have they no 
public that shall be such, not in name only, ) alms nor labor— or does he refuse to work ? 
but in lull living reality and truth. And we? Or, if he goes there with some means, are- 
do hereby invite and entreat all the young S they so shrewd, at a trade, that, by an un- 
people of Ohio, and the friends of justice, ) happy turn in Fortune's wheel, he finds hira- 
humanity and true liberty in all the States, to ( self relieved of his rhino, and his brethren, 
unite with us in laboring for so glorious and with honesty as perfect, as their keenness is 
holy an object." commendable, transferring his few items of 



6 

dollars and cents to their own care and kee-)on the minds and consciences of some, to re- 

ping-, and requesting him to travel on ? (sisl it, has led to argument as to the propriety 

Sir, I represent upon tliis floor three times) of submiting to laws that we inwardly believe, 

as many colored persons as the whole ele- • wrong, whetheralaw,consiituiionallyenacted 

ven counties of the Reserve contain ; and, al-( shall be sustained in its operation, or whether 

though surrounded by them, shall I be bran- ^ we shall defy its power :— whether om- courtg 

dec as their foe ? Sir, the negroes know and \ of law shall enforce it';— or whether every 

understand who befriend them by pompous ( man shall obey or disobey it, as his reason 

declamalion, and who by merciful acts. Your ^ or interest may dictate. I am not, sir, very 

P/^y"''''""Py .gives them no work and no^ ardent in my attachment to this "Fugitive 

shejtsr, bi.t gives them swelling words, un-<Law.'' Some of its features are, in my opi- 

easmess and discomfort, which cost you no-/ nion, unwise;— but that man is no truepatri- 

T° f 1- '^^^ ^ ^''' "°'' ^'"''iploy 2})'oper means to re- 

lii case ofdisunion, the southern counties of Ulress wrones and do the right; and there is 

Uhio would be overburdened with the hordes an effectual mode of compelling a chance in 

that would pour over from the neighbo-Ohis law, without resorting to force. What- 

nng confederacy, and they could not be dri-<ever misguided men may do, under excite- 

vea north. Private liberality and public as->ment and lolly, the body of the people are 

eessments would be taxed to the highest ex-Haw-abidina and true. 

tent, and we should labor under the yoke im- ) It is contended, Mr. Speaker, by some, that 
posed by these philanthropic fellow-citizens, ^ the law is wrong, and ousht to be resisted, 
\vho.se location or habits prevent negroes < without reference to its source, and the con- 
h-om settling among them. Laws prohibi-) sequences of resistance. We have heard 
ting their immigration would be enacted, and > of the "bay of human blood-hounds on the 
Ifius would terminate this Quixotic philan-< track of the panting fugitive,'' and other ste- 
throjiy. / reotyped fhilanthro'pics. But, sir, it is for us 

Jiut the effect of disunion, upon the negro ( to view the escaping slave, not'as a moral 
would be terrible. Already have the Fieesoi-< culprit, but as a legal offender ;— one who 
iers caused the passage of severe laws and /has violated the law by rnnnins: away from 
curtailed his privileges: and, if it should soOiis master; and while you and^I may sym- 
happen, that the Union could be dis>^olved. Jpathize with his attempt, nevertheless his 
how rigorous and cruel mi^ht be the discip-j escaping is, in the eye of the law, a w^ng, 
line to which he would be subjected ! iHisjand he is to be treated and regarded in his 
advantages now, are few ;— they would be ; legal character. The rights given the master, 
lessened. From everything, indeed, which^to capture him, we are not, in any manner, 
now affords lum pleasure, but could, in anyUo attempt to overdirow. The slave owes 
manner, tend to his escape, he would be ex- $ "service and labor" to the master, and the 
eluded; and, as the fetters grow tighter, and Matter while endeavoring to obtain that which 
the cold iron enters his warm heart, he couldS is his legal due, must not be molested. We 
with truth exclaim-^" God save me from my) must distinguish between the moral and legal 
h-iends . —The m,aster, recognizing him as^co;idition of individuals, but we must not al- 
property, would guard him as such, and dis-<low our refined morality, to oppose the faith- 
covered attempts to escape would become Hul execution of laws, made for the benefit 
(through fearful laws that would be enacted) (of all, and to secure to others what has been 
tiie bases for maiming or death. ^ made their property. 

But sir, another consequence of disunion \ Sir, there are those who contend that when 
•would be, that the South would stand togeth-Oaw conflicts with conscience ;-— as, with 
er, as one man, and the North would benhem,does every law giving to the master 
warring and clashing, within herself; so that, ^efTective means for the reciairaing of the 
instead of strengthening the North, by freeing^ slave;— it is their duty to condemn, disre- 
her from connexion with the Slave States, )gard, and trample it under their feet ;— and 
you would cause intestine commotion, and ahus preach the doctrine of anarchy and riot, 
make her the nursery and hospital for all the V^ir, there is not a law upon the statutes of 
renegade and antiquated negroes. )Ohio, civil or criminal, which has not, at 

In every aspect, in which disunion canbe(times, had its fierce opponents for "con- 
I'^^^H /^ ^^ iiaught with deeper sorrows to J science'.sake," because itconflicted with their 
ttie black and direr calamities to our white) views or interests. Adopt, as supreme, this 
population: and no man can be its advocate, (doctrine of co?2scie?icc, and every man becomes 
without becoming an enemy to the negro, a> "'judge, jury and executioner."^' Your courts 
truant to himself, and a traitor to his coun-)can be repealed, for conscience will nullify 
y- . \ their decisions; — every determination of a 

The general outcry, Mr. Speaker, against^civil suit, will soon find the unsuccessful liti- 
this "Fugitive Law.'' and the determination, ■ gant attacked with a griping in the conscience, 



and he denounces your law as '•'unholy."/ back, are met by a body of these South Sea 
Every criminal, fairly tried and condemned,) Islanders, who believe that ihe criminal, in- 
wiil have conscientions scruples, against pu-) stead of perpetrating an outrage, perloimod 
nishment; and, on those scruples, claim re-i^ liisduly consistently — acted with their consci- 
lease. Conscience would become a garb ^ encious belief of right — and, accordingly, give 
large enough to cover a mountain, or small > him his Ireedom, and scourge those by whom 
enough to be strained on a bread-basket. ( he was held in bondage. 

But, permit me, in a simple manner, to) But, it the parties resisting laws be opera- 
present the effect, of the superiority of con- ^ ted upon and stimulated by conscience, then 
science over human law, by a few illustra-') may those who enforce the law, be actuated 
tions. ) by the same : and, the consequence is that, 

There are those who maintain that the laws; when the different parties meet, a strife en- 
securing property to one, to the exclusion of \ sues; weapons and bludgeons are used; 



the use of it by others, are unnatural and.) blood is spilled ; life is taken; communities 
therefore, immoral ; and that every one is ^ are convulsed ; and there is no remedy for 



entitled to the use of articles he can obtain^ the riots and brawls that shall make noisy 
without reference to ownership. This belief /and hideous human existence. If you take 
justilies stealing, which, all know, is, from (the parties before your juries, into your 
necessity, punishable. Suppose a thief is ar- ) courts, and resolve that the law of conscience, 
rested, by your officers, and in bearing him /under which they have acted, is superior to 
to trial, they meet a band of these Avorlhies( human statutes, your juries and your courts 
who believe, with the bold ancient Spartans, ) must decide that neither party is culpable, 
that theft isno crime, but, if successluUycar- ^ but that all are commendable and good citi- 
ried on, a virtue, and they, under the convic- \zens, ior having so faithfully obeyed the be- 
tion of a misguided judgement, which they chests of conscience, to, the detriment of their 
call '■ conscience, '■•■ determine he is to be ( individual comfort, and all are released, 
wrongly punished; and havin^^ the power, ^ How extremely interesting, Mr. Speaker, 
they force his release, and loose him upon) would be the community in which eachman 
society, to renew his depredations. ( determines his course, and makes his own 

By the laws of all -the Slates, bigamy is Wule of action ; — where "might is right,"' and 
punished as a penitentiary offence. Sup- ^ the strong, in violence, trample upon the 
pose S'man commits the crime and flies; — (weak and the helpless; — where there is no 
our officers pursue and overtake him; — and. ) superior power to which the oppressed and 
in conveying him back for trial, are met by ) injured can appeal and be vindicated; where 
a band of Turks, in a wild region, who in-uhe hoar.-e voice of riot clamors, and the ba- 
quire why he is in chains: — and, being in- ) red arm of murder is red ; where the talisma- 
formed, they, instead of feeling outraged, ^nic word "cottscience," bursts asunder all re- 
consider the man as being abused for doing) straint, tramples upon all human enactments, 
that which their religion tolerates. They are } and justifies the most heinous outrages. Sir, 
conscientiously impressed that the bigamist is (the mind flies, shuddering, from such a spec- 
an innocent sufferer; and they make war upon Made. It is the irresistible majesty of the 
your legal agents, and restore him to liberty, haw which sustains you and me in our posi- 

Again : Among all civilized communities, ) tions, and gives us individual protection ; — 
we are taught to guard and provide for our) which throws its power around our wives 
parents, in their declining years; tolove those ( and little ones, at our hearth-stones;— which 
who cared for us in infancy and childhood ;^ secures individuals the enjoyment of life, li- 
— but there are those — inhabitants of some of / berty and property ; — which gives to commu- 
the South Sea Islands — who believe it is their ^^lities, harmony and justice; to States, char- 
conscientious duty, when parents become ) acter and power. Under its might everything 
old, their sight dull, their l.mbs trembling) which leads to advancement, prosperity and 
and their energies relaxed, to relieve them ( felicity, is intended to be fostered ; and, with- 
of trouble and suffering, by taking their ^ out it, earth becomes the waste on which hu- 
lives; and, accordingly, becone the conscje«-^ man devils howl triumphant, or desolation 
iious murderers o( their parents. ) reigns supreme. 

With what consternation and horror would ) Not satisfied, however, witli deciding the 
the parricide be here regarded' The more ( question by conscience, these men direct you 
infirm the parent, the more hellish the of-) to Sacred Writ, and. therefrom, endeavor to 
fence. How the public heart would thrill) draw arguments favoring their nefarious re- 
whh disgust and indignation at the crime ;; commendations. They select isolated verses, 
and, when your citizens, with rage and hor- \ without reference to what precedes or follows 
ror, scatter in all directions, to arrest the fiend) them, or the circumstances or times under 
who did the bloody deed, and, after long) which they were uttered, and, upon verses 
pursuit, a few find him, and, in carrying him'thus chosen, they issue llieir ingenious and 



8 

prolix comments. Thero isnot anewspaper^ is no power but of God. The powers that 
ill any way connected with the Freesoil ^ be are ordained of God. Whosoever there- 
party, which has not, as a justifying cause of (fore resisteih the power, resisteth the ordi- 
opposilion to the Fuiiitive law, copied fromhiance of God." 

the 23d chapter of Deuteronomy, 15lh and Having thus, Mr. Speaker, disposed of the 
Kith verses:— "Thou sliall not dehver unto ^ « conscientious"' and religious view of this 

question, permit me to direct your attention 
to the constitutionality of the Fugitive law. 



his master the servant which has escaped 
Iroin his master unto thee. He shall dwell 

with thee, even among you in that place which j Noman can doubt tiia"'t our settlement of That 
he shall choose m one of the gates where it liO question will be final! People, far and 
keth him best; thou shalt not oppress him." ^ near, are an.tiously awaiting our determina- 
— And profess to have authority, Irom the tjon i We are all so thoroughlv qualified- 
above scripture injunctions, for disregarding K^g perfectly versed— in these matters, that it 
laws lor his re-capiure. If this is to be re- seems singular no petitions have swarmed 
ceived ni its litera sense, in these days, then here soliciting our opinion ! 1 It does not 
a servant can easily change hands, and trans- ^^i^e ^ny diflerence, though the United States 
lev property. He need but leap over his Senate, composed of the wise, learned and 

masters fence, and, by this special command,) experienced men of the n 
lie becomes the property of another 

difference whether he i 

ous, or whether the 

not, he is forced to 

law.' 



ation, whose lives 
"•^Oiiive been passed in reflection upon such 
lie 13 villainous or virtu- ^ subjects, have given their assent. It is of no 
3 neighbor wants him or/ aceo^^„t^ ^^^t the national House of Repre- 
take him, by the " higher ( ggntatives have coincided with the Senate ! 
o , . • • , 1 -, . ^ That the President of the United States — a 

Such a construction is absurd ;-and it is northern man :-and his Secretary of State, 
hoped I may not be considered profane in called the Expounder of the Constitution ;— 
Baying, that the law,^as contained in some of a^j hj. Cabinet, as a unit, pronounced the 
the cliapters from which theextract IS taken, law constitutional: nor that the Supreme 
scarcely applies to us. J et if one command Court of the United States have unanimously 
applies to us, «« must. No single one can be) .Q.^gj ^^e constitutionality of a law of 
taken, and the others rejected. A were „|.^arly the same kind. We intend to think 
given at the same time;- and I will even f^, ourselves, and lorm our own judgements, 
encounter the charge oi vulgarity by exhi- We have light here which flashed ^thwart 
biting the absurdity of being bound by such thg "Reserve." and we have the philanthro- 
a law, by relerrmg particular y to all ihes^^ ^^^^ profound Senators from thesame sec- 
commands given m the same chapter-Deu- [j^^ to teach us how the instrument should be 
teronomy xxm. Let any one read them, and explained and understood. The laws which 
determine Avhether any of these injunctions^ ^..^'^e ,^^1 fifty-seven years ago, and have 
are applicable now. Remained on our statute books, as rules of 

But let our philanthropists come down to L^^^j^^t have lately been revealed as micon- 
ater times, and take the example of Hun .^^-^y^-^,,^; ._a„d we have been suffering uiv 
• who spake as never man spake -' and to it j^, them upwards of half a century; and, 
conform their conduct. In the days of the ,,„,il informed by the wise men of 1850 
Saviour slavery was more hideous than now, L,g,.gi„gg„gij3lg to the wrongs we were endu- 
and yet he incited no rebellions thereat :— he .i. How horrible and distressing !-and 
preached peace, not stne; obedience, not ac- j^ow thankful should we be that it was ever 
ive resistance to law ;-he inflamed no mobs, ,,i,coye,ed, in these later times, by pious 
to release servants from their masters; and h-iends of the colored population, so that the 
persuaded no servant to escape. He taught e^,,.^, be corrected, 

faithfulness m labor ; patience, under suffer- j^^j ,1,1, is jn age of wonders and im- 

jng; submission and support to the powers (yg^^.,.,t- 

that be." If the precepts by Him promulged,^ ^ Forcl.iklrcnof tlie modorn days, 
had caused intestine strife, and led to anarchy) Know inoreiiian all iheir daddies did !" 

and bloodshed, they would never have resis-( It is enougft for nie, however, to know 
ted the changes aiid opposition of eighteen ;'l'^''t this law (vas formed by the men who 
hundred years, to gladden and beautify and ^supported it fls Legislators, and afterwards 
bless the age in which we live. The ma,n) approved it, to quiet all ray constitutional 
who forces upon His acts or sayings a con-)scr 'ples. T.'ie President submitted it to the 
Btruction justifying open rebellion to properly- ( Attorney General, and then gave it hissigna- 
constituted human authority, not only in-)ttire. The Executive may not have appro- 
jures His cause, but dishonors his own name, / ved it in detail ; but every man at all conver- 
and blasphemously belies the Saviour, in (i^an' wiUi politics, understands that President 
whom he trusts for redemption. " Let every S Fii.lmokk is filling the term for which Gen. 
Soul be subject to the higher powers, for there ) Taylok was elected, and that he is carrying 



9 



out, like a genuine paUiot, the pledge, given 
by that old hero anterior tohis election, that 
he would veto no bill passed by Congresi*. 
with [iroj-er consideration, wliicii was con- 
sliluinaial. As an honet^t man, reverenc _ 
the memory and doclrines of ihe dead, n- 
could do nodiing but what he did fearlessly) 
perlorm- and that was. affix his signaiure to 
the act. Despiie all the passion which has 
been manilested, in regard to this enactment, 
and the many recommendations for its re- 
peal or amendment, I believe no Governor 
of any Stale has alleged that the law is un- 
conslitutional ; and Daniel VVebsteh aserts, 
that he has not yet seen the opinion of any 
respectable lawyer, maintaining that the law 
is unconstilut'onal. 

There is but one trivial part of this law 
wherein it differs from the law of 1793, in 
which, even, its opponents claim unconsiitu- 
tionaliiy. I shall treat of that hereafter. But 
the Freesoil Senators mainiain that that law 
was uncoiistiiutional, and all their argument 
hangs upon the establishment of that posi- 
tion. 

I have always been accustomed to view 
the old men wtio made the Constitution, and 
the law of 1793, as capable of understan- 
ding their own works, and not wanting in de 
voiion to their country; — bnt, if these latter- 
day objectors are correct, then the old sim- 
pletons were ignorant of the powers they ^, 
were conferring, or else disregarded the Con- ' 
slitulion, the creature of their own workman- 
ship, and made laws in opposition thereto. 
Sir, it is an insuU, to the men of that day, to 
urge any such pitiful prt^position. Thps*^ 
men — clarum et venerabile nomen — under.-'tood 
thorouLjhly their every movement. The lavrs 
then passed, received sober thought and 
searching scrutiny ; and that man lacks either 
common sense or common honesty, who as- 
serts that our fathers would not only behold, 
but engage in eiacting laws, wiihin three 
years af er the adoption of the Constituiicn, 
which were contrary to its spirit and letter, 
and never utter a syllable, nor write a sen 
fence, in opposition thereto! Gentlemen 
must not violate the graves of those old men, 
to blacken their memories and tarnish their 
honor. 

The law of 1793, and the law of 1850, are. 
In their esential features, identical. If the 
law of 1850 is unconstitutional, then was that 
of 1793 ; — but not otherwise. Now, in what 
maimer was the law of 1793 warmed into 
existence? The whole matter was brought 
forward by a member oi Congress from a 
free State; — it was referred to a select com- 
mittee of three — two from the North and 
one from the South; — and, after mature deli- 
beration, the fugitive bill of 1793, was pre- 
sented to the Ilouse_, and upon it, there was. 

2 



no great discussion. No writer of that lime 
mentions that its constitutionality was ques 
tioned ; although seven of the Iramers of the 
Constitution were in the lower house at the 
dine, of whom six voted for the bill. The 
iavv was passed by a vote of forty-eight to 
-even. Ot tlie seven in "he tu gative fivi- were 
northern men. Ttie north had -thiny mem- 
bars, tome of whom were absent ; lut. twen- 
ty-two of diose pre.-ent voted lor it, np'm its 
final passage. I regret that the Journal of 
the Senate could not be obtained, to see thei 
full action and vote in that branch. 

When that law was made, Thomas Jef- 
FERsriN, oil whom some gentlemen rely to 
establish its unconstitutionality, was Secreta- 
ry of Stale; — and we defy any man to show 
even a symptom, in his writings,, in opposi- 
tion to it. We have every reason to knou) 
that he gave it his hearty concurrence. — 
George Washington, ti:en President ot the 
United S;ates, as he had been President ot 
the Convention wtiich made the Constitution, 
gave it his approval, without reluctance; — 
and it is taxing public credulity heavily, to 
ask it to infer, from the facts then existing, 
that the men of that day were either loo ig- 
norant, to understand their privileges and 
duties, under their own instruments, or too 
base to support ihem ; — and the Representa- 
tives of the free States ought to be fearfully 
anathematized, for friuering away their 
" constilulional 7-ights," if they so did, by the 
passage of that act ! 

Permit me here to say that, had I been in 
Congress, (where all ^nchivise men ought to 
he.) there is but little doubt, in my mind, 
but I should certainly have voted against this 
becoming a law in its present form, because 
of some of its provisinns which are excep- 
tionable in almost every part ot the North. 
Yet, I question not the motives or honesty of 
any man who gave it his support. There 
seemed a necessity for having some kind of 
effective power by which the master could 
obtain his property ; and by a decision in the 
case of Prii'g vs. The Commonwealth of 
Pennsylvania, all Slate officers were relieved 
from executiiig the law of 1793, by which it 
became virtually a dead letter; — as there 
were no officers to give it effect ; — and it see- 
med proper to have some legis'ation to carry 
out the provisions of the Constitution. 

The present law was passed at the close of 
a prolonged, boisterous and tedious session ; 
pressed throu<>h the House under the "previ- 
ous question;" and was associated with oth- 
er soheaies of Compromise. Congress had, 
in fact, as the result will prove, added to the 
free domain of the country all our acquis!" 
tions from Mexico, gained by the common 
'oil, treasure and blood of the North and 
South; and it really seenns as nothing biit 



10 



proper, that when we had effectually prohi- 
bited the extension of this " peculiar inslitu- 
lion" over this vast territory, belonging to us 
all, we should confer upon the South some 
suitable means ior procuring their properly 
when escaping from them. It is, certainly, 
under the circumstances, no unreasonable 
boon. 

There may possibly be objections to this 
law, yet I dare not doubt its constitutionality, 
with the light which is before me. The Con- 
stitution of the United States is the ofTspring 
of patriotic men. It is a plain, strong, easi- 
ly-understood instrument. It requires no 
ingenuity nor strained logic, to unlold its pro- 
per signification and purposes. All who 
"know anything of its adoption, know that 
this question ot slavery was discussed, when 
it was formed, and the clause in reference 
to fugitives was unanimously incorporaled— 
that it was the lesull ot compromise, wis- 
dom and mutual regard for each other's 
rights and necessities; and that men who had 
been endeared to each other, through a com- 
munionship of suffering, would not, in their 
political dealing, wrong one anotlier. They 
incorporated into the last clause of Section 2 
Article III, the following: 

" No person held to Service or Labor in 
one State, under tlxe laws thereof^ escaping 
into anotlrer, shall, in consequence ot any 
law or regulation therein, be discharged 
from such service or labor therein, but shall 
be delivered up, on claim of the party to 
whom such service or labor may be due."' 

Is it not foolish, Mr. Speaker, to argue to 
make more plain the right of the master to 
his property. It seems like endeavoring to 
establish a truism; and I shall not assume 
the labor. Some Freesoil Senators contend 
that Congress has no poiuer, by the Constitu- 
tion, to enact laws for re-capturing slaves; 
and others maintain, with equal clearness, 
that the States have no power. Here, then, 
is an ariicle of the Constitution ; and, by 
their sapient logic, no authority lodged any 
where by which it can be entorced, which 
proposition is too absurd for even ridicule. 

The patriarchs who made the constitution, 
seemed lo believe it conferred power on 
Congress to legislate; — at least, they made 
no outcry when the law of 1797 was passed. 
Now, if they had no right to act upon fugi- 
tives from labor, then they had no right to act 
upon "fugitives from jusiice," for both are 
in the same ariicle and section of the Cnu- 
etiiution; and the act of 1797 embraces, w^ith- 
in it, " lenitives Irom ju-tice," and " tugi- 
lives' from labor," in carrying out the provi- 
sions of the constitution. No man lias ever 
uttered a word against the power of the Ge- 
neral GovernmerTt to enforce the law in re- 
lerence to criminals, and their making laws 



for the purpose ; bat holy horror and const't- 
tutional anguish seize some persons when its 
fellow clause is to be practically brought into 
operation in the same way. 

Having thus determined the power of Con- 
gress to make the law, let us inquire as to 
the objections, and foremost comes, that it 
suspends ihe " writ of habeas corpus," which 
is the great safeguard ot personal freedom. 
You will observe, Mr. Speaker, that these 
hiends of the blacks force the most rigorous 
and iearfrd construction upon all laws passed 
in relation to them, instead of giving such 
laws a fair and mild interpretation: the chain 
that would lie lightly upon their breasts, they 
would torce into their hearts, in order to 
make capital from the sufferings, and arouse 
public indignation. 

■ It is urged that the last clause of the sixth 
section ot the law, which reads : — 

"And the certificates, in this and the first 
section mentioned, shall be conclusive ot the 
right of the person or persons in whose favor 
granted to remove such fugitive to the State 
or Territory from which he escaped, and 
shall prevent the molesting of such person . 
or persons, by any process issued by any 
court, judge, magistrate or other person whom- 
soever," — suppresses the habeas corpus. 

The section provides for the arrest and tri- 
al of the fugitive, before the officer; and, if 
the facts of ownership, servitude and escape 
be established, then and only then is a certi- 
ficate to be granted, to remove the fugitive 
to the place from which he fled. In the 
clause which I have cpioted, it is said he shall 
not be molested by any process. The habeas 
corpus is undoubtedly a process; — and will, 
upon proper application, be granted — not for 
the purpose of molesting the claimant, but to 
inquire and ascertain whether he has autho- 
rity to carry away the alleged fugitive; — 
whether he has a certificate, made out by the 
proper authority, in legal form — in every way 
regular and perfect ; — or whether he is un- 
lawfully bearing him otf. Upon the return 
of (he process or writ, if the claimant exhibits 
a certihcate obtained from the right source, 
and in every manner consistent with the law 
then he is not, by that civil tribunal, to be 
molested; but if it is in any way erro- 
neous, the fugitive is restored to liberty. — 
The object of the habeas corpus, is to ascertain 
whether a man is fairly imprisoned, and to 
free from m.olestation the claimant, upoQ his 
presenting the necessary authority. 

In reference to trial by jury, the new law 
is neither worse nor better than the old. It 
is precisely similar ; — it takes away from the 
slave no rights he had, under the act of 1797, 
The resolutions I introduced, recommend 
that the trial, by jury, of all slaves, who seem 
to have a real claim to freedom, ehall be se- 



11 



•cured. The amendment that bond shall be 
given, to insure ihe trial in tlie State tiom 
v?hich he fled, is the project of the Compro- 
mise Comnfiitiee of Thirteen in the Senate of 
the United States, in May of 1850. I have 
added that, failiiig to give such bond, the 
slave shall have a jury trial, vvkerever lound. 
It is well known that, in several ot the slave 
States, a slave can, upon simply petitioning 
the court, have counsel assigned, and an al- 
most immediate hearing, before a jury, to 
<letermine his freedom. 

I have before said, that my vote should 
not have been recorded for this law; — yet 
there has been unnecessary odium, attached 
to it, by those who have given it a violent 
and strained construction, to manufacture dis- 
cord and political capital: — and to other good 
citizens, it is. in some parts, extremely disa- 
greeable; — but, while it is the law of the 
Jand, let every good man maintain, or at 
Jeast not rebel against, it;— but endeavor to 
Boften public asperity, and create a healthlul 
tone of public sentiment. 

But, the clause in the late law most furi- 
ously denounced, and which seems to be un- 
fair upon its iace, is that which gives five 
dollars to the commissioner, or officer, for 
deciding in favor of the fugitive; and ten 
dollars, for giving him^ up to the claimant, 
and, it is charged, that it is, therefore, a di- 
rect reward, or bribe, to induce the officer to 
do injustice. 

The principle of this feature of the law is 
incorporated into our own statutes. In pre- 
liminar}' trials, for misdemeanors, before jn- 
Btices, where the State is a parly, no fees ac- 
crue to the officers, unless there is a commit- 
ment. In some of the Slates, the law isthat, 
for all crimes which are triable in court, nei- 
thercourt-officers, jurors nor witnesses receive 
any compensation unless there is a convic- 
tion ; — therefore, it can, with equal truth, be 
urged, that bribery and corruption are put 
forth, to condemn and wrong the innocent. 

But, gentlemen who thus contend, insult 
the integrity of the men by whom the ne- 
groes' rights are to be tested. Do they not 
know that this provision is of benefit to the 
fugitive, the fear of being chariied with being 
influenced by mercenary consideraiions will 
prompt nineteen commissioners out of every 
twenty to determine every doubitnl casein 
his favor. No man would peril his reputa- 
tion, by doing otherwise. It would subject 
him to scoffs and abuse, from an indignant 
community. ' \ 

But, sir, the reason inducing this portion 
of the act was, that there is a great differ- 
ence, in the amount of labor, between the 
process of releasing a captive and sending 
tiim again to bondage. In the one case, he 
merely sets him at liberty, and his duties are 



) at an end ; — if he is surrendered, the record 

> must be completed, and the necessary papers 
J prepared, to enable him to be legally taken 
)away. It is represented that the addi'.ional 
? labor is worth the compensation. But, who 
J is it that pays all these expenses'? Neiihef 

> the negro nor the government : — but the pe- 
'cuniary burden must be borne by the cjaim- 
) ant, whether success or failure attend his ef- 

> forts. 

J Another objectionable feature, in the law 
lis that the "Slave-Catcher" can compel us to 
' call out a force, to carry back his property, to 
I the Slate from which he f^ed, at the expense 
) of the Government; and it is gravely urged 
'that we ought to have our stray horses or 
I oxen returned to us in the same way. This ^^ 
(Course ot argument is vehemently pressed, ^B 
I without understanding, or desiring to under- ^^ 
J stand, the law. Men comment upon it, unthovt 
^ ever having read it ; and thus misconstrue and 
I pervert. They hide every thing which ren- 
) ders it, in any respect reasonable or proper, 
'and thrust into prominence isolated ^^ortions, 
' which they unfairly represent. Let a man 
, calmly read it, and give it a fair interpreta- 
*lion. The law requires that, if the claimant 
ImaJces affidavit, that he believes there will he 
) an attempt to rescue his property from him, then 
' — and only then — can he have the power or 
, money of the Uniled Slates, to aid him. If 
I the people among whom thefugiiive is found 
'are peaceful, and inclined to obey the au- 
;thority of Is-vv, then no such affidavit will be 
■made, and no charge accrue. But, if j'our 
! mobs are aroused and infuriated, and he 
1 finds himself not oiily beset by men who 
' are determined to wrest from him his proper- 
\ ty, but to endanger his life, it is right tli ttlie 
)pov.'er of the government should be brought 
'into operation, to vindicate its enactments. If 
i this clause were out of the act, all that would 
I be necessary to release any reclaimed slave, 
; would be to incite your populace, and the 
i expense of hiring a sufficient force to over- 
'come it, would be twenty times greater 
|lhan the value of any slave, and would be a 

virtual repeal ot all the efficacy ol the law 
' It is very true that our people may be impo- 
|sed on, by false oaths, Lut if a man will 
I perjure liimself, ol course we may be v/rong- 
' ed in various ways: — we have no safeguard 
I as against perjury. But there is one case, at 

least, upon record, under this law, where, 
'although affidavit was made, yet the court, 
I upon examination, refused to grant tlie au- 
' Ihority and money of the Government, to the 
I claimant, because it believed there was no 
i danger of an attempt to rescue. If the men 
' of the North will only submit to the law and 
[ obey its requirements, there will be no ex- 
) pense arising to us. in carrying out this clause; 
' and there need be no pomp or parade of a 



12 



rnilitary or civil authority ; but, whenever 
there is an effort to rescue a fugitive, legally 
detained, it is right that the Government 
should interfere, and give lo others what i> 
constitutionally their due, without subjecting 
iheir citizens to expense or peril; — and sup- 
press, by lawful power, unlawful riots. 

But, sir, those who perform the outraged, 
most magnificetuly, on every question of 
slavery, are xYie leaders of tie Freesoil orga- 
nization. These luorthics become convulsed, 
while even thinking upon the subject. They 
never move, but they are surrounded by 
•' bleeding humanity." In their waking 
moments honors unutterable tower before 
ihem; — when they sleep, their bosoms are 
I burdened with victims of oppression; their 
(dreams are terrible and ghastly; negroes, 
scourged and manacled, fantastically flutter 
in the air before them ; and shrieks and 
groans, startle them, from unrefreshings'urn- 
ber; — and, haunted thus feaiiully, some 
might be prompted to endeavor practically 
to benefit the colored man, and give the 
"panting fugitive" tintie to wind; — but there 
are oihens whose boisterous professions tor 
" freedom," are the m.ere means employeti 
lor individual advancement, and, I fearlessly 
assert, that the party leaders are actuated 
more by policy than b}^ principle. 

The great contest waged between slavery 
and freedom, was, in 1844, on the question of 
annexation. The Democratic army was 
boldl}' drawn out, under Polk and Texas, 
and its men battling under the flag. The 
Whigs, with He.\ry Clay as their leader — 
'•' No More Slave Territory !" on their banner 
— declared the unconstitutionality of annex- 
ing Texas, and Mr. Claj^'s election would 
have prevented the extension of this slave 
plague. Here were the armies drawn up, 
with that disiinct issrje towering above all 
others. It was a question which was to be 
permanently settled ; — which no subsequent 
legislation could affect:— and which, deter- 
mined once, wasjized, solongasthe govern- 
ment endured. Where, then, in that strug 
gle. were these zealous advocates of freedom 
to be found? Where, when the voice of 
freemen could be made potent, were they"? 
Not slinking from the f^ght : — but rallied un- 
der a man of their own class and kind, 
whom they knew and acknowledged was 
morally ceriain to be defeated ; and gave, in 
New York Slate, a vote, lo Mr. Birney, 
which, if they had practical belief in their 
doctrines, would have been concentrated on 
Henry Clay, and he have been madePresi 
dent of the bniled Sia'es, and the exteu' 
eiun of slavery and the horrors of war pre 
yented. 

But they, by refusing to vole for the avow 



ed opponent of slave territory, elevated Mr, 
Polk to the Presidency, and thus created the 
basis for four Slave Slates. 

How was it, la'ely, in Congress, in the 
vote for Speakership? The Whigs presented 
R. C. WiNTHBOP, a true Representative ol a 
free State ; — and yet [he honest Freesoil frag- 
ment, headed by the conscientious Mr. Gid- 
DiNGs, chose so to fritter away their force, as 
to have Mr. Cobb, a Southern slaveholder, 
elected; and the important committees con-, 
ferred Kpon the South ; and, in the general 
dickering on that occasion, Mr. Giddings, 
their grand apostle, voted for Mr. Brown, as 
Speaker, which said Mr. Brown voted for 
the " fugitive law'" of 1850. 

Sir, this parly, very probably, originated 
honestly to oppose slavery; but it has shown 
itself only an engine for personal p-omotion, 
and office is not only its aim, but its life's 
BLOOD. Its acts have given the lie to its cant, 
about freedom ; for it has refused the adop- 
tion of every practical way of advancing that 
cause, ft has strengthened the oppressor ; 
and deserted those who labored against him; 
and it would, ere this, have dragged out its 
miserable existence, had it not been nourish- 
ed by the Whig and Democratic parlies. If 
they, instead of making it "the balance of 
power," had, like men, divested it of all 
power, there would have been no inducement 
tor apostates to join it ; but so long as you 
confer on one-sixteenth as much public pa- 
ronage as is given fifteen-sixteenths, so long 
you not only reward men for being untrue, and 
keeping up that hypocritical organization, but 
you hold out brilliant inducements for all the 
mercenary partisans of ihe Sta'e to join 
them: — and. by giving l|ienri elevated stations, 
you clothe them with in influence M'hich is 
false, and may be reflected for evil. Facts, 
sir, are said to be stubborn, and I know they 
are humiliating, things. The '• Freesoil" par- 
ty have thrust through their trading capaci- 
ty, Salmon P. Chase into the United States 
Senate, and he presents the anomaly of a Re- 
presentative with but a mere fragment of the 
people of Ohio as a constituency; — and will 
our democratic brethren be again found, 
yielding their preferences for their own tal- 
ented, honorable and patriotic men, lo foist 
another such into that high position ; — for it 
seems that no officer less than a colleague 
for Mr. Chase will satisfy our modest friends. 
They have Mr. Hamlin, as President of the 
Board of Public Works; Mr. King, Secretary 
of Slate; and a host of other officers, in dif- 
ferent parts of Ohio, swarming upon commu- 
nities in which their huckstering policy is de- 
spised; and, now, we are seriously asked to 
vote, as a matter of compromise, for Mr. 
Giddings for United States Senator, to scorch 



13 

anJ sear the heart of every true man. It^iniion; — the suggestion, in a conciliatory spi-r 
has been, sir, but a few weeks since that/ ,itj of a change in the fugitive law : — a de- 
honest politician, in his place in Congress, (claration of the opposition of Ohio, to the 
denounced the Whig party, as being not only /extension ot slavery, into territory now free ; 
destitute of principle, merely -'aremnant of( — the request, to our Senators, that their ac- 
Slave-Catchers ;" and yet with an effrontery ^ (ion, (if any is had on the subject.) shall be 
that would seem, in any other man, an out-)conformed to the spirit ot these resolulions, 
rage, he is, through agencies, endeavoring to c ^nd make the Union superior to every other 
obtain votes to enable him to disgrace a seat ^consideration. 

in the United Slates Senate, by making fer-? Sir, I honestly believe that the uncondi- 
ment prejudicial to the country. Stional repeal oi this law involves the Union. 

Sir, we must rid ourselves ol this fac'ion, ^fiieie may have been no imperative neces- 
whose course, for the last few years, has been ( gjiy for its passage; but to it the South now 
for place, irrespective of men and measures ;( adheres, not only as a due, but as a matter of 
and, while it has talked of benevolence and)pi-i(je ^nd honor. Men, who have heretofore 
righteousness, has been coolly inserting its(^een strenuous advocates of the Union and 
men into the best positions ot the common- 1 battled against those who sought its dissolu- 
wealth. Indeed this ^^ pureli/ philanthropic or- i^xIq^^^ fearlessly and coolly assert that if this 
ganization," the object of wtiose formation ( [aw is repealed, tlien will they run upon the 
was office, and whose existence depends ^ verge, and test practically, the results of dis- 
upon its attainment, should be incorporated ^ ,jnion. 

under the name and title of 'The Crand^, Sir, it seems as folly to encomiumize this 
Snapping-Turtle Party OF Ohio.' Early in ) Union. It speaks for itself, in the prosperi- 
each winter, as iheregularaltendant of everj-'^y^ greatness and power of the country. It 
Legislature, this animal makes its appearance ) vvas the offspring of necessity: and, with 
in our capitol, with head, tail, body, and)men of ordinary patriotism, necessity will 
claws, snugly enclosed within its shell. There (compel its < reservation. The seeds which 
it lies quiet — and passive — awaiting events ', brought it forth, were implanted when the 
and inducements. At a becoming time, our 'piaTrTs of battle were red on the hill, and the 
Whig and Democratic brethren present offer (gmoke of contention was dark in the valley; 
jngs to lure it from its home; and, as the ')when stout hearts fainted, timid souls qua- 
flavor is forced upon its senses, slowly and ;ked, and the faithful almost forgot to lean on 
softly its covering is raised, and the head (^he omnipotence of God. It has brought us, 
peers cautiously out, winding each way, )from a small beginning, unto a mighty na- 
smelling the Whig fish and the Democratic ^ijon, bound us together at home, and extor- 
flesh, until it chooses from the two, fastens ( ted respect for us abroad. Every considera- 
upon its choice, and then is noiselessly ^tiou which can influence the Christian, the 
drawn within its enclosure, to await another (philanthropist or statesman, links it to the 
session and another bait. Let the two great < American, and awakens for it his watchful 
parties of the day withhold supplies, and the (guardianship. The thrilling memories of the 
curiosity will perish through starvation, and ( past ; the glorious exhibitions of the present, 
we shall break its shell and examine ilsmys-^the reasonable anticipations ot the future 
terious internal construction." (.cause us to cling to and love it. Blistered be 

I have already, Mr. Speaker, d'etained the(tt,e tongue that will lisp against it; — palsied 

Senate too long: and will, merely, read my)be the hand that would be upraised to 

resolutions, to the wholebody of wiiich Ihave<rnar it; — and may every degenerate son who 

spoken, and then hasten to a conclusion. ^opposes its duration, fall powerless before it, 

\See Resolutions, on 2d page.] (as fell Dagon before the ark of the Lord. — 

™ , • 1 ,• < As the dvin"' saint raises his eye ot laith to 

Theretheyare:-expressin2condemnaion As the cl^u. for'redemption, 

ofthe agitation of slavery, when agitated, to 'le^^o- ^^^^^,.^ ^-^ \ 

gam popularity thereby ;-showmg our esU- ^^^ "i^y"^ ^ \^ ^, ,;.,^ ^^^ ,f ' 

mateof the Union :-expressing our ^onfi- (^nd 'ea t ^^^ ^^^ 

dence m the judiciary and ballot-box, to re-O'^'^'*' °'^'' ' 



medv evils- — our determination to maintain) •' a union of waters a uulon of lands, 
, / .' , , .|,- „„ ( A union of States none can sever, 

the integrity of our laws:— our willingness bunion of hearts, a union of hands, 
to carry out the compromises of the Consti-^ Our own glorious Union forever." 



SKETCH OF MR. WALKER' S REPLY TO MR. GEIGER. 



In the Senate, on Fiidaj'. January 24, 1851. 
Mr. Walker, Senatoi- from Montgomery, 
took the floor, and proceeded, (as he avow- 
ed) to examine Mr. GEiGEu'd resolutions. 
He contended that all the great moral refor- 
mations had been preceded by a:|itation ; and 
that the subject referred to, by the-e resolu- 
tions, were worthy oi exarnina'.ion and con- 
sideration. He denied that the Union of ihe 
States was paramount to every oilier political 
consideraiion. Events might occur which 
would induce the people of the North to seek 
the dissolution of the American Union. 

He might agree with the second resolution. 
He thought the resolutions inconsistent with 
themselves. They were dignified as ''union 
resolutions," and their author had said, if the 
fugitive law was modified, the South would 
leave the Union, yet one of the resolutions 
proposed a modification. 

He opposed the third resolution. South- 
ern men had intentionally procured tlie in- 
sertion of a principle, in the fugitive law, to 
deprive the colored man of the right of evi- 
dence. 

As to the habeas corpus, gentlemen asser- 
ted this was not suspended. It might not be 
in words, but what was the effect? VVheli 
the hell hounds of the South had arrested a 
person on a forged certificate, and were ta- 
king him South, what was the benefit of the 
■writ 1 It might be sued out, but was neutra- 
lized — emasculated by the forged certificate, 
was entirely useless in efiect, if not,suspended 



gists for slavery than there were in the day 
of John Randolph. Things had been mana- 
ged to increase the influence of slavery, 
though Mr. W. contended that Jeff'erson ha- 
ted It, and Virgiifia spurned it. He denied 
that the United Stales had done much to abo- 
lish slavery — in prin iple, or in fact. 

He then read from certain documents to 
show there could be no legal relation be- 
tween master and slave. He ridiculed the 
position that slavery could be derived from 
the Levilical code, and declared those laws as 
heathenish, and the very man who was pro- 
nounced after God's own heart, a murderer. 

Slavery was not a legal relation — the slave 
was not bound by it. He was justified in 
striking down his master, if he was endea- 
voring to arrest him. If less than human, as 
the southern laws admitted, they could not 
be held responsible. 

He was in lavor of bringing public influ- 
ence to bear on Congress, and thus obtain the 
repeal or modification of this law. Rut he 
was not going to condemn those who de- 
nounced this law as tyrannical and inhuman. 

Tlie negro who was arrested under this 
law had no chance of ji.ry trial in hardly 
any, if any of the southern States. Mr, 
Clay did not introduce any such law as this 
— 'he had not the hardihood to do it. Most of 
the northern members of Congress voted 
against it, 

Mr. Walker, on account of ill health, clo- 
sed his remarks for that time ; but, on Mon- 
He would lay it down as a fundamental (day, January 28, he resumed and concluded 
proposition, that the Constitution did not in > them. He said: — 



any part, either in letter or spirit, recognize 
that there could be such a thing as property 
in man ; and that such a doctrine was scou- 
ted in the Convention that framed the Con- 
etitution. He had Mr. Madison as authority 
for this assertion, and other men of that time. 
Yet this principle was the very foundation of^as the exponent of the Freesoil parly, but as 



' He had already commented on all of Mr. 
, Geiger's resolutions except the fifth. He liad 
'no exception to take to this, except that in 
common with the others — it seemed to cen- 
sure those who opposed the fugitive law, 
and sought its repeal. He did not stand here 



ihe Fugitive law. In the two places where | 
the Constitution referred to this class, they 
were called persons, as individuals entitled 
io three-fifths of humanity at least. This! 
was done to give the South the predomi- 
nance in the National Legislature. 

Another proposition that had been made'^ 
here, he would also deny, viz: that the Con-( 
stitufion was a compact of States, and belon- 
ged to the Stale as such. It was a constitu-J 
tion of the people, and so stated in the pre-( 
amble. 

Mr. Walker was not frightened by threats) 
of disunion. The South wished to acquire' 
Cuba, and other islands and countries before J 
ihey were ready ;— and if the North would i 
conUnue to pander to them they would soon' 
be ready. At present, they could not stand! 
alone 24 hours, their slaves would eatthemup. 

Tiie exparte testimony allowed by the fu- 
ghive law, Mr. W. pronounced truly odious. 



the advocate of the Whig party. He held 
the sentiments ol the Whigs of '"44 and '45, 
and he who now vindicated the fugitive law, 
should he denounce as an apostate of the Whig 
party, He could understand the course of 
some Senators on this floor, in shaping their 
sentiments to that of their particular districts. 
He himself had been told that in his course 
he was cutting his own throat. He had once 
for all to say, that if his constituents con- 
demned him for what he had said here, thej'' 
would condemn themselves and the doctrine 
they held sij: years ago. 

[It was understood that the Senator from 
Montgomery look high abolition ground ; ri- 
diculed Henry Clay, and those who were 
styled "Union Whigs-" contended that the 
slave had the right to kill his master, who 
might be trying to arrest him, and take him 
away from Ohio to the State to which he fled ; 
— and his speech, as delivered, was even in 



fet vye Ijad apologists for it — and more apo- 'advance of the Freesoilersl 



MR. GEIGER'S REJOINDER. 



Mr. Geiger was not surprised, after reading 
the report of tfie Senator'^, (JNir. Walker's) 
speech, made a few days ago, to hear him now 
make a .high-toned abolition effort; — but he 
was amazed and humiliale('., to perceive him 
a twin bioiherof the free-soil Senator from 
Ashtabula, in reading him, (Mr. G.) out of 
the Whig party, and denouncing its true and 
fionored men. The Senator from Montgo 
mery, in abusing the distinguished Whigs 
of tlie parly, men who have stood by it 
when its tiiig trailed in the dust in deleat, 
as sincerely as when it floated triumphant 
over the cohorts of its routed and scattered 
foes, speaks but his own sentiment, and re- 
presents his own feelings, and does dishonor 
tolhemanly constituency that sent him here. 

The Senator, in his new-born zeal, can 
spare no man, no difTerence what may be 
his character or services; and, in his indis- 
criminate onslaught, denounces Henry Clay! 
— Harry Clay ! than whom God never crea- 
ted a nobler patriot; — Harry Clay ! at the 
mere mention of wtiose name, the Whig 
breast heaves with deeper emotion and holi- 
er enthusiasm; — Harry Clay, who toiled and 
struggled for the country, before the Senator 
knew ot its e.xistence, and battled for the 
Constitution before he was born to partake of 
its blessings! — Sir, that name always vibrates, 
as with an electric thrill, through every fibre 
of tlie true Whig party, and awakens the af- 
fections of the •' old guard" who have never 
bowed to Baal. The heart of that man yet 
beats responsive to the calls of his country ; 
and, although age has come upon him, yet is 
he able, zealous and efficient; and, in times 
of difficulty and of danger, 

'•One btast upon tiis bugle liorn, 
Is worth a thousand men !" 

He (pointing to Mr. Walker) disparage 
Henry Clay ! Why, sir, if one ot those exal- 
ted thoughts which wildly play through the 
gigantic brain ot Harry ofthe West, should 
fall, with Its ponderous weight, upon the 
brain of the Senator from Montgomery, he 
would consider it the approach of apoplexy ! 

Sir, the gentleman argued the question of 
Slavery — not the fugitive law — and cahs him 
(Mr. G.) and his constituents, its supporters; 
and then gives the language of John Ran 
dolph and Thomas Jefferson, ridiculing such 
Northern men. Ridicule from any source 
can never drive me from the right. I have 
no attachmei^l to Slavery. I was born, sir, 
in a State, 

" Where breathes no castled lord nor cabined slave, 
Where thoughts and words and acts are bold and free ; 
Where friends can find a welcome, foes a grave." 

I have never, as a citizen, trodden soil or 
breathed air consecrated to aught but Free- 
dom. With me, Freedom is written every 
where; — in the clouds that float in the sky, 
the birds that wing through the air, the 
boughs that battle with the blast;— and the 



power of locomotion, bestowed by God on 
man, declares the right to its exercise. It 
has ever been tlie watchword of the Whigs 
OF Ohio, by thein it has been proclaimed, as 
also by the democratic party : — there is no 
division upon this question ; — but am I, is 
my gallant coiif-iilueiicy — is eveiy one who 
slantts forward, for the integrity of ihe Union, 
against ihe vindictive assaults of its foes, to 
be denounced? — and tlial, loo, because they 
will not desert the country, in the hour of its 
trial, at the command of base, huckstering, 
office-hunting renegades? — I scorn dictation, 
from such sources, and their epithets and 
condemnation, are powerless and pitiful. 

Sir, does not the Senator know that slave- 
ry is an institution recognized and fortified 
by our consiiiution and laws? Does he wish 
us to despise and break tliem ? We must 
treat the institution as it is ; — not as we should 
desire it to be. We admit all the evils of 
slavery, all the blessings of freedom, but we 
are surrounded by circumstances, laws and 
constitutions, to which every wise legislator, 
and common-sense patriot must conform hi.s 
conduct. The fugitive law is not free from 
error; — no man contends for its perfection. 
There are parts of it wrong. My resolutions 
recommend amendment, if action is taken, 
but to disturb that law, at this tirne, is consi- 
dered by many good men, improper, and its 
uncontliiional repeal perilous in the extreme. 
Mr. Geiger was willing to admit all that 
the gentleman contended for, in regard to 
England and her nominal abolition of slave- 
ry. \e\, sir, who has the effrontery to deny 
that, in the West-Indies, more distress and 
anarchy prevail than did during the preva- 
lence of the iiistilutions ; — and he would re- 
mind the Senator that, although it was seem-' 
ingly true, as he had urged, that slaves '■' do 
not breathe in England, " still that Senator 
would do well, wlule quoting England's ex- 
ample, to remember that slavery still exists 
there, as it has for ages, in a form more in- 
human, more hellish, than it ever did or could 
assume in this country. It is true, of a different 
kind — a slavery of whites, not ofthe blacks ; 
— a slavery of the operatives; — a slavery of 
the down trodden, starving, agonized, wor- 
king population, of all sexes, ages and con- 
ditions. The eentleman, in his fervor and 
pathos against slavery, here rushes into poe- 
/try and romance, and quotes from Whitiier 
(anathemas and revilings against the land of 
his birth ; but, for his wronged white breth- 
ren he has no tears to shed ; — for them he 
quotes on English or American poet in favor 
of liberty; — all his poetry and all his sympa- 
ihy are uttered against the wrongs of the 
blacks within these United States, and for 
them he would even risk the severance of 
the Union! Nobler poets have written in 
more loyal strains — 



LS?''^ °'' CONGRESS 




16 



011 898 101 7 



'•From the Jay that our furel'athers fearfully flung 

Their sHr-colored banner abroad, 
To themselves ever true lo Lheir mouoihcy clung 

As Ihey clung to the promise of God ; 
By the bayonet traced in the midnight of war, 

In thi- fields where our gliiiy was won, 
Oh, perish the heart or the hand i hat would mar 
Our motto of Many in One." 



bled and died upon her bo^om, falter o.* 
) swerve? Did she furnish no leader for your 
^armies, no brave men for your battles? — 
') Ihroughout thai terrible strite. Virginia was 



)lrue to hersell and the great caut^e on which 
(she had slaked her all, ior Vntue, Liberty ai;d 
Sir, h-om my soul, I despise those drivel- ) ludependeiice. 
ling, coiitempiible demagogues, whose only > But, time has rolled on, and what washer 
food isexciiement,and whose efforts are tocre-x wilderness has become our mighty State. In 
ate division and coiiteniioii among the people.) the midst of our piosperiiy, we revert not to 
Jn his argument, the Senator grows elc-c die past, and torget the ititrepidity and tribu- 
quent — nay, he is tormendousl First, he tuinsNJation through wliich we receive the bles- 
upon me; and 1 am but a mere moudilul to) sings; — and now, instead ot pouring our of- 
his capacious maw; — then, he wheels to ^ feriiig of peace and love into the lap ot our 
eat the Senator from Clinton, who. beingS mother, genilemeii would thrust vipers into 
absent, I am a second time swallowed by ) her bosom, stigmatize her name and honor, 
this mighty man. Still unsatisfied, the Sena-(and taunt her v.fiili frailty and imbecility, 
tor takes down my democratic fiiend from) Iif our Territorial days. Sir, when our set- 
Clermont ! With such an incongruous load hlerfients were scanty and the savages were 
all expected to see those bright bnltons fly (scalping our pioneers, who then poured h nth 
from his bine coat, with the expansion of his) her gallant sons to piotect and rescue the de- 
system, but his digesiion seemed equady (fenceless? Another 'Slave .State, Kentucky, 
harndess with his mastication; and, alter thessent forth her men from their firesides to suc- 
eniire process, I am yet here huzzaing lusti-)cor and lo save. And her Legislature, with 
'ly! — swallowed, but not deadened; — broughtca magnanimity illustrious and politic, gave 
forth again, like Jonah from the whale. Sthe command of her soldiery to a citizen of 

Sir, the Senator says that the South iare) Ohio, and restored peace to the country. 
7ioi secede, because she is too weak. Does( Blame me not, then, for asking what is con- 
he not know that the same spirit which ^slitutionally due lo those who have done so 
would prompt us to defy the defiant, lives) much for us. 

unquenchahle in their breasts? Doeshent^) Mr. Geiger then took up his resolutions 
know that they are descendants of men who, > one by one, and defended them. The Sena- 
in the calamitous times of the Revolution, ^ tor from Montgomery, says that he does not 
stood by our fathers of the North, and not on- . hold the preservation of this glorious Union 
ly dared but did ? Does he not know that the / lo be paramount to every other political con- 
South is stronger and wealthier, at ihis time, ^sideration. He says he goes for liberty in 
than were the whole of the colonies when )preference to the Union. He, Mr. G., looked 
they thundered destruction to the boasted in-) upon the Union as the preserver of the lib- 
vicibiliiy of England? Ob, sir! has the^erty we enjoy, and with Mr. Webster, he 
day arrived when the childreil of the men, ) earnestly hoped, that " when my eyes shall 
whose friendship and patriotism were weldetiH'e turned lo beliold, for the last time, the sun 
together and tested in the fiery lurnace of the (in Heaven, may I not see him shining on the 
Revolution, shall rely upon the weakne.?s of) broken and dishonored fragments of a once 
a section, to debar it from its constitutional )gh'rious Union; on Stales dissevered, discor- 
rights? Sir, let the gentleman not be mista-\dant, belligerent; on a land rent with civil 
ken — the South upon this subject is not weak) feuds, or drenched, it may be, in fraternal 
—-touch but the outermost membrane, and it (blood ! Let this la--t feeble and lingering 
vibrates in her innermost heart; — here she ^glance rather behold the gorgeous ensign of 
is concentrated and determined — no blind-^ihe Republic, now known and honored ihro'- 
ness can mistake her; — he strict consthuiio-^fut the eajth, still full high advanced, its arms 
nal rights she will maintain, and the granting) and trophies, streaming in their original lus- 
of those no patriot norhonesl man dare deny. )t'e, not a stripe erased or pollutedf or a sin- 
But, sir, an indiscriminate denunciation of(2le star obscured, bearing for its motto, no 
the South comes with but an ill grace from a^^uch miserable interrogatory as, T]'hat is all 
citizen ot Ohio. What are we but an ema- ^tkis worths nor those other wprds of delusion 
nation from the liberality of a slave State; — 'and folly. Liberty first and Union afterwards, — 
the offspring of Virginia? True: the child )but every where, spread all over incharacters 
has ouistripped the parent, but gratitude ^"f ''^''"g lig^i'j blazing. on all its ample foU's, 
should commingle with the thrilling associa-^as they float over the sea and over ihe land, 
tions which cluster proudly around the" " Old ) '"'id on every wind, and under the whole 
Dominion." In the dark days she v.- as the ^Heavens, that other sentiment, dear to every 
Mother Commonwealth, and around'her the ;'rue American heart: — 
feeble ones clung for aid and protection. Did > '■ Libertxj and Union, now and forever; one 
she, m those fearful times, when her children' and imeparable.'" 



HOLUNGER 
pH8J 

MILL RUN F3-1543 



